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i <br />r <br />�i <br />r <br />L <br />89- -10095 <br />s�I:es; and the exercise of any of the rights, privileges and <br />optioms hereby granted. Any holder of the Secured Indebtedness <br />�ell.bave the right to become the purchaser at any -such sale. <br />(4) The proceeds of any foreclosure sale hereunder <br />.. :11 be applied:: First, to the payment of all necessary <br />c6sts: and expenses incident to such foreclosure sale,, including, <br />but no t :qty _ way of litttation, ' all court costs and charges. of <br />every dhi'racter in event' foreclosure is by suit; Second,, to <br />the payment in full of, all­i:irdebtedness secured hereby in <br />such` order as Mortgagee.' zr� .ea?ct; _ and Third, the remainder, <br />if any, shall be 'pa -�d t ta .or its successors, repre- <br />sentat ve�s, .heirs- cr :kss!=_t�.`.' <br />1h t1.e' event a foreclosure hereunder, either <br />through jra c ,xl :pry eeding-S q, in ;exercise of Mortgagee's <br />power cif: `sale;. ` ar#raa,gee shall have, discretion and control <br />as to whether. the Xortgaged Property shall be sold as an en- <br />tirety gr,in.eeparate parcels and tracts, and Mortgagee's <br />judgment. sha'Li be final as to such -question. Mortgagor and <br />all' entities hereafter claiming by;: through or under it, or <br />who may at any time hereafter become holders of liens junior <br />to the.lien of this Mortgage, hereby specifically waive and <br />release•all right to have any or all of the Mortgaged Prop - <br />erty marshal.�ei upon any forec zwre or other enforcement of <br />the tetrns her "of. To the full eaten.-permitted by law, Mort- <br />gagor waives any and all rights 6f.amption. <br />(6) Upon the occurrence of an Event of Default <br />hereunder or under the Note, Mortgagee may, at its option, <br />in addition to any and every other remedy, do any one or more <br />of the following: <br />(A) Enter upon and take possession of the Mortgaged <br />Property and remove the fixtures or personal property <br />or any part thereof, with or without judicial process, <br />and, in connectzon therewith, without any responsibility <br />or liabL!Lty on the part of Mortgagee, take possession <br />of any p•ra;erty located on or in the.Vcrtgaged Property <br />which is not apart of the Mortgaged_ Property and hold <br />or store such property at Mortgagor ,s expense; <br />(B) •Require Mortgagor to asse7.::,sa that portion of <br />the Mortcrwged Property that is fixtures or personal <br />property or any part therecf, and make tt available to <br />Vortgagee at a glace tc lvs deo_gnated t;. ^.:mortgagee which <br />is reasonably con�zenient to : :ortgago_ ante % rtgagee; <br />(C), Ater notification, if any, hereafter provided <br />in t'zls Subsection (6 }<C) of Article IV, sell, lease, <br />or otherwise diapo seHof, at the address of Mortgagee, <br />all or any part of the Mortgaged Prcj ,,erty constituting <br />fixtures or personal property in its then condition, or <br />followiag any commercially reasonah.i'e preparation or <br />processing, and 'any such sale, 1 Tase, or other disposi- <br />tion made pursuant,to this Subsection (6)(C) of Article IV <br />(hereinafter referred .to as a "Sale ") may be as a unit <br />or in parcels, by public or private proceedings, and by <br />way of one or more contracts, and, at any Sale, it shall <br />not be necessary to exhibit such fixtures or personal <br />property, or part thereof, being sold. The Sale of any <br />part of.,such fixtures or personal property shall not <br />exhaust Nbrtgagee's power of sale, but Sales may be made <br />from t#;tnc to time unti l: tfii3 wEcurt= -i debtedness is paid <br />and performed in, full. Reasanable notification of the <br />time and place of any public S le pursuant to this Sub- <br />section (6)(C) of Article IV, or reasonable notification <br />of the time after which any private Sale is to be made <br />pursuant to this Subsection (6)(C) of Article IV shall <br />-8- <br />."'?r'`' <br />Y� <br />J <br />